Originally posted by @Wayne Brooks:
Wendell De Guzman Florida is NOT a super lien state, in that the HOA lien is equal, or superior, to the first mortgage....it is not. An HOA lien acts as any other junior lien, except for any overages from a first mtg foreclosure/sale.
Wayne~
sorry, but you are mistaken: An HOA in Florida CAN wipe out all other liens with a so-called HOA Super Priority Lien, and IF the HOA files for foreclosure on the property. There are currently 23 states (as of last count a couple of weeks ago) that enforce this law.
I know this because we just locked up 2,500 SFR's in your state (in Orlando, to be specific) that are past the redemption period (bank did not pay delinquent HOA dues), and the same law group that won the case in Nevada in front of Supreme Court (see link below) is handling the conversion into Warranty Deeds. These 2,500 homes have an average BPO of $150K, and we are selling them at $32K/property, and each of these properties comes with:
1. HOA Super Priority Lien Assignment
2. POE of the HOA
3. Attorney Fees paid for already
4. Blanket Receivership (until Warranty Deed is issued by judge) ==> buyer can collect rent
I have included a couple of links for further explanation. One of these links actually is a video of the Argument in front of the Supreme Court in Nevada. The HOA walked away (on a $6K lien) with a property worth $880,000!!!
https://www.youtube.com/watch?v=EkJFBmkNBFw
https://www.youtube.com/watch?v=OAb7lLo-DJ4